Naushad Ali @ Nausad Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71056 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== Naushad Ali @ Nausad Ali S/o Merajuddin Sai R/o Village- Titara Tola Takia, P.S.- Mairva, District- Siwan ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Sunita Devi W/O Jitendra Kushwaha R/O Village - Titra Tola Takea, Post Titra, P.S. Mairwa, District Siwan ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K.Lal, Sr. Adv.
Mr.Javed Aslam, Adv.
For the informant : Mr. Shudhanshu Prakash, Adv. Ms. Supriya Kumari, Adv.
Mr. Chandra Kant, Adv.
For the Opposite Party/s :
Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Mairwa P.S. Case No. 163 of 2024 dated 01.06.2024 registered for the offences punishable u/ss 363 and 366A of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the informant's daughter by enticing her. It is further alleged that the informant enquired about her daughter from the wife of
Patna High Court CR. MISC. No.71056 of 2024(4) dt.25-02-2025 2/3 Merajuddin Sai then they started to assault with her. When the informant came to her house and found that Rs. 15,000/- and her ornaments worth Rs. 3,00,000/- got missing from her house.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. As per the medical report of the victim, no evidence of recent sexual assault was found on the person of the victim and the age of the victim is 19 to 22 years. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.06.2024.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two
Patna High Court CR. MISC. No.71056 of 2024(4) dt.25-02-2025 3/3 sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Mairwa P.S. Case No. 163 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T